BILL NUMBER: AB 2746	CHAPTERED  09/19/00

	CHAPTER   504
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 13, 2000

INTRODUCED BY   Assembly Member Nakano
   (Coauthors: Assembly Members Bock, Cunneen, and Jackson)
   (Coauthor:  Senator O'Connell)

                        FEBRUARY 25, 2000

   An act to add and repeal Division 37 (commencing with Section
72300) to the Public Resources Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2746, Nakano.  Large passenger vessels:  water quality.
   Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board is the principal state agency with
primary authority over water quality matters.  Under the act, the
board prescribes waste discharge requirements for the discharge of
waste into the waters of the state.
   This bill would, until July 1, 2003, create the Cruise Ship
Environmental Task Force, to be convened by the California
Environmental Protection Agency, comprised of representatives of the
State Water Resources Control Board, the Department of Fish and Game,
the Department of Toxic Substances Control, the Integrated Waste
Management Board, the State Lands Commission, and the State Air
Resources Board.  The bill would authorize the California
Environmental Protection Agency to request the participation of the
United States Coast Guard as a member of the task force.
   The bill would, until July 1, 2003, require the task force to
gather reports and manifests of waste released and offloaded by large
passenger vessels, as defined.  The bill would require owners and
operators of large passenger vessels to submit reports of releases of
graywater or sewage not later than 10 days from the close of a
calendar quarter in which the vessel has operated in the marine
waters of the state to the State Water Resources Control Board.  The
bill would require the State Air Resources Board to measure and
record the opacity of visible emissions, excluding condensed water
vapor, of a representative sample of large passenger vessels.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Division 37 (commencing with Section 72300) is added to
the Public Resources Code, to read:

      DIVISION 37.  LARGE PASSENGER VESSELS PROGRAM
      CHAPTER 1.  DEFINITIONS

   72300.  Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division:
   (a) "Air contaminant" has the meaning set forth in Section 39013
of the Health and Safety Code.
   (b) "Calendar quarter" or "quarter" means the three-month periods
ending March 31, June 30, September 30, and December 31.
   (c) "Emission" means a release of an air contaminant into the
atmosphere.
   (d) "Graywater" means drainage from dishwasher, shower, laundry,
bath, and wash basin drains, but does not include drainage from
toilets, urinals, hospitals, and cargo spaces.
   (e) "Hazardous waste" has the meaning set forth in Section 25117
of the Health and Safety Code.
   (f) "Large passenger vessel" or "vessel" means a vessel of 300
gross registered tons or greater that is engaged in the carrying of
passengers for hire, excluding all of the following vessels:
   (1) Vessels without berths or overnight accommodations for
passengers.
   (2) Noncommercial vessels, warships, vessels operated by nonprofit
entities as determined by the Internal Revenue Service, and vessels
operated by the state, the United States, or a foreign government.
   (g) "Marine waters of the state" means "coastal waters" as defined
by Section 13181 of the Water Code.
   (h) "Medical waste" means medical waste subject to regulation
pursuant to Part 14 (commencing with Section 117600) of Division 104
of the Health and Safety Code.
   (i) "Offloading" means the removal of waste onto or into a
controlled storage, processing, or disposal facility or treatment
works.
   (j) "Oil" has the meaning set forth in Section 8750.
   (k) "Operator" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
   (l) "Owner" has the meaning set forth in Section 651 of the
Harbors and Navigation Code.
   (m) "Release" means discharging or disposing of wastes into the
environment.
   (n) "Sewage" has the meaning set forth in Section 775.5 of the
Harbors and Navigation Code, and also includes material that has been
collected or treated through a marine sanitation device as that term
is used in paragraph (5) of subsection (a) of Section 1322 of Title
33 of the United States Code.
   (o) "Solid waste" has the meaning set forth in Section 40191.
   (p) "Waste" means an air contaminant, graywater, sewage, solid
waste other than hazardous waste, including incinerator residue and
medical waste, hazardous waste, or oily waste.
      CHAPTER 2.  LARGE PASSENGER VESSELS

   72301.  (a) The Cruise Ship Environmental Task Force is hereby
created to evaluate environmental practices and waste streams of
large passenger vessels. The task force shall be convened by the
California Environmental Protection Agency, and shall consist of
representatives of the State Water Resources Control Board, the
Department of Fish and Game, the Department of Toxic Substances
Control, the Integrated Waste Management Board, the State Lands
Commission, and the State Air Resources Board.  The California
Environmental Protection Agency shall request the United States Coast
Guard to participate as a member of the task force.  The task force
may also consult with the Office of Environmental Health Hazard
Assessment and shall establish a process for receiving comments from
the public and the cruise ship industry on matters to be considered
by the task force.
   (b) The purpose of the task force is to gather information
necessary for the preparation of the report required by Section
72304.
   (1) The task force shall gather reports and manifests of waste
released and offloaded that are submitted by large passenger vessels
to state entities under state and federal law.
   (2) As requested by the task force, owners or operators of large
passenger vessels agree to submit copied excerpts of records and
manifests, including oil record books, garbage record books, engine
room log books, or other records of waste released or offloaded after
January 1, 2001, from the vessels in California.
   (3) To the extent permitted by state and federal law, the task
force may request an owner or operator to submit supplemental or
additional information.
   (c) This section does not relieve an owner or operator from
complying with any other reporting requirement imposed pursuant to
any other state or federal law.
   72302.  The owner or operator of a vessel, not later than 10 days
from the close of a calendar quarter in which the owner or operator
has operated, or caused to be operated, a vessel in the marine waters
of the state, shall submit to the State Water Resources Control
Board a report of any release of graywater or sewage that occurred
during the previous calendar quarter while the vessel was located in
the marine waters of the state, to the extent that these releases can
be reasonably quantified.
   72303.  The State Air Resources Board shall measure and record the
opacity of visible emissions, excluding condensed water vapor, of a
representative sample of large passenger vessels while at berth or at
anchor in a port of this state.
   72304.  The California Environmental Protection Agency shall
utilize the information gathered by the task force and prepare and
submit a report to the Legislature, on or before June 1, 2003, that
includes all of the following information:
   (a) A summary review of environmental rules, regulations, reports,
reporting procedures, and mechanisms for the management of waste
applicable to large passenger vessels based on international,
federal, and state law.
   (b) A review and analysis of information contained in any report
submitted to any state or federal entity by the owner or operator of
a large passenger vessel related to the matters subject to this
division, as well as reports and other records submitted to the task
force under this division.
   (c) Identification of areas of concern that may not be covered by
existing reporting requirements that should be included in federal or
state reporting requirements.
   (d) Identification of mechanisms to better coordinate the
activities of the various state and federal agencies that regulate
the operation of large passenger vessels.
   (e) Observations regarding the potential impacts of reported
quantities and characteristics of releases of waste on water quality,
the marine environment, and human health, taking into consideration
applicable water quality standards, and an evaluation of the air
contaminant emissions on air quality and human health, taking into
consideration applicable air quality standards.
   (f) Recommendations to the Coast Guard and state agencies, as
appropriate, to address any areas where additional regulations or
reporting may be appropriate.
   72305.  This division shall remain in effect only until July 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before July 1, 2003, deletes or extends that
date.
